The Construction ADR Toolbox
ADR Resources for Construction Lawyers
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What Conduct Waives Arbitration Rights?
By Leslie King O’Neal Arbitration Rights Can Be Waived By Conduct Arbitration agreements are irrevocable, but parties can waive the right to arbitrate by participating in litigation. What kind of conduct leads to waiving arbitration rights? Is filing a motion to dismiss… Read More
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Happy 1st Anniversary, Construction ADR Toolbox
“guided choice” mediation arbitration arbitration clauses artificial intelligence confidentiality insurance mediation mediation preparation mediation privilege multi-party mediation neutral evaluation witness statementsBy Leslie King O’Neal The Construction ADR Toolbox Blog Celebrates its First Anniversary It’s been a great year for our blog. We’ve covered many different ADR tools and topics in the past year. Here are a few highlights of posts on arbitration,… Read More
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NFL Penalized for Unfair Arbitration Clause
By Leslie King O’Neal Are You Ready for Some Football—and Arbitration? Football season is almost here—the annual frenzy of gridiron clashes between dozens of teams at all competition levels. NFL teams are already holding preseason games before the official season begins on… Read More
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11th Circuit Holds Clickwrap Arbitration Clause Valid
By Leslie King O’Neal When a “Click” Creates a Contract Many consumers (and lawyers) click “Yes” or “Submit” when making online purchases. They don’t take the time to read the Terms and Conditions listed because they’re in a hurry. However, they may… Read More
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Can Arbitrators Sanction Attorneys for AI Hallucinations?
By Leslie King O’Neal AI use is commonplace in law practice. Unfortunately, cases involving AI fake citations (a/k/a “hallucinations”) are also commonplace.[i] These cases continue although AI’s penchant for such hallucinations is well-known and well-documented.[ii] If lawyers are filing briefs and memoranda… Read More
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Court Strikes Expert Report Citing Confidential Information
By Leslie King O’Neal If experts review and cite confidential settlement documents in their reports, the court may strike the reports and limit the experts’ testimony. In U.S. v. EES Coke Battery, LLC,[i] two experts reviewed and cited confidential settlement communications… Read More
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Four Construction Mediators Get Together and . . .
By Leslie King O’Neal What happens when you put four construction mediators together? Of course, they talk about their experiences mediating construction cases. The Georgia Bar Construction Section invited Deborah Ballati, https://www.linkedin.com/in/deborah-ballati-75100515a/ Hal Gray, https://www.linkedin.com/in/herbert-h-hal-gray-iii-6174b419/ Steve Nelson https://www.linkedin.com/in/steve-nelson-6a9b413/ and me to participate… Read More
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ADR Summer Reading List
By Leslie King O’Neal Nothing says “summer” like an ADR summer reading list! Perhaps ADR books aren’t the typical “beach reads” tucked into tote bags when heading for the lake, pool or shore (or other vacation sites).[i] But, this blog post suggests… Read More
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